About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (August 21, 2020)

handle is hein.crs/govdbkw0001 and id is 1 raw text is: 




xa    S
        1,k


Federal Lands Recreation Enhancement Act:

Overview and Issues


The Federal Lands Recreation Enhancement Act (FLREA;
16 U.S.C. § §6801-6814) authorizes five agencies to charge
and collect recreation fees on federal recreational lands and
waters. The agencies are the Bureau of Land Management
(BLM), Bureau of Reclamation (Reclamation), Fish and
Wildlife Service (FWS), and National Park Service (NPS)
in the Departmentof the Interior (DOI) and Forest Service
(FS) in the Department of Agriculture. The agencies retain
the collected fees primarily for on-site improvements.

Current Status. Agencies are authorized to charge fees at
recreation sites until October 1,2021. Initial authority was
for a 10-year period, expiring December 8, 2014; Congress
has enacted multiple extensions.

Types of Fees.FLREA  authorizes different kinds of fees,
outlines criteria for establishing fees, andprohibits fees for
certain activities or services. FWS and NPS can charge
entrance fees. BLM, Reclamation, and FS can charge
standard amenity fees in areas or circumstances where a
certain level of services or facilities is available. FLREA
also authorizes all five agencies to charge an expanded
amenity fee for specialized facilities and services and
specialrecreationpermit (SRP) fees for specialized uses,
such as group activities.

Criteria for Establishing Fees. Fee criteria in FLREA
were intended to promote fairness and consistency among
agencies and locations and to minimize confusion, burden,
and overlap of fees. Fees are to be commensurate with
benefits and services provided. The Secretary ofthe Interior
and the Secretary of Agriculture (the Secretaries) are to
consider comparable fees charged elsewhere, such as by
nearby private providers ofrecreation services; establish the
minimum  number  of fees; and consider the aggregate effect
of fees on recreationusers andproviders. The Secretaries
must allowpublic participationin establishing fees.

Recreation Passes. FLREA authorized a nationalpass for
recreation at sites of different agencies. The U.S. Army
Corps ofEngineers also participates in the pass program
(under P.L. 113-121, § 1048). The America the Beautiful-
the NationalParks and Federal Recreational Lands Pass
covers entrance fees and standard amenity fees at areas
where such fees are charged. The annualpass is $80;
discounted or free versions are available (e.g., for U.S.
military personnel, permanently disabled individuals,
seniors, volunteers, and fourth-grade students). Further,
agencies have established site-specific and regionalpasses.

Fee Sites. Of FS's roughly 30,000 developed recreation
sites, about4,000 collect fees underFLREA. Most of these


sites provide overnight services, such as campgrounds and
cabin rentals. OfBLM's roughly 3,600 developed
recreation sites, about400charge fees under FLREA. Of
about 460publicly open FWS refuges, some 200 charge
fees, including about 30 areas with entrance fees. Of the
419 NPS units, about 165 charge an entrance and/or
expanded amenity fee, including about 110 with entrance
fees. One Reclamation site charges a fee.

Retention of Fees. Each agency can retain and spend the
revenue collected without further appropriation. At least
80%  of the annual revenue collected is to be retained and
used at the site where it was generated, although the
Secretaries can reduce that amountto not less than 60% if
collections exceed reasonable needs. The remaining
collections are to be used agency-wide, at the agency's
discretion. In practice, the agencies generally allow
between 80%  and 100% of fees to be used at the collecting
sites. FLREA contains other provisions for the distribution
of collections, including fromthe sale ofrecreationpasses.

Recreation Fee Receipts. Recreation fees generally
represent a small portion of agency financing. In FY2019,
the five agencies collected $442.3 million in total revenues
under FLREA,  composed of $417.0 million for agency
activities and $25.3 million collected by FS from
recreation.gov andused for administration of this
reservation service. The agencies collected and retained
varying shares of the $417.0million: NPS, 74%; FS, 18%;
BLM,  7%; FWS,  2%; and Reclamation, less than 1%. Total
revenues for the five agencies increased 32% over thepast
five years, from$336.3 million in FY2015 to $442.3
million in FY2019, due to new and higher fees, additional
visitation at some sites, and/or other factors. FromFY2018
to FY2019, totalrevenues increased by 2%. Figure 1 shows
total revenues for each offive years.

Figure I. Recreation Fee Receipts, FY20 I 5-FY20 19

   ~semilons


               M.3L


 $200
                   .....           ............Pfgrn. Adrn ;.

       FY15  FY16 FY17  FY18 FY19

Sources:Annual budget justifications and dataprovided to CRS by
FS and Reclamation.


Updated August 21,2020

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most